Patna High Court
Shivnandan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner, being the vehicle owner but not present at the time of the alleged offence and having a clean antecedent, is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Shivnandan Paswan, applied for pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 68.875 litres of illicit liquor were seized from a vehicle he owned. The driver, Golden Kumar, was arrested at the scene and implicated the petitioner as the vehicle’s owner, although the petitioner was not present at the time of the seizure. The petitioner’s counsel argued that he had no knowledge of the liquor being transported, had a clean antecedent, and that the driver had already been granted regular bail. The State opposed the bail, but the court noted the petitioner’s lack of personal involvement and the State’s failure to enforce its liquor policy. Consequently, the court ordered that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS and verification of his criminal antecedents.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s clean antecedent and lack of personal participation justify granting bail.
- Whether Section 482(2) of the BNSS can be invoked to impose conditions on the bail.
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- illicit liquor
- vehicle ownership
- clean antecedent
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21266 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya
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Shivnandan Paswan S/o Badri Paswan R/o Village - Punakala, P.S - Paraiya,
District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate
Ms. Anjali Kumari, Advocate
Ms. Sanjana, Advocate
For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Magadh University P.S. Case No. 245 of 2025 registered
for the offence(s) punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, altogether
68.875 litres of illicit liquor was recovered from a Toto vehicle
bearing Registration No. BR-02RA-5819. Driver of the car,
namely, Golden Kumar was arrested on the spot, who disclosed
the name of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.21266 of 2026(2) dt.16-04-2026
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been implicated in the present case. Admittedly, at the time of
the alleged seizure and recovery of illicit liquor, petitioner was
not present and he has been made accused in this case, being the
owner of the vehicle in question, which was given by the
petitioner to his driver and the same was being driven by him
at the time of said incidence and as such the petitioner had no
idea that the driver was carrying liquor on the said vehicle.
Learned counsel further informs that the driver Golden Kumar
has already been granted regular bail by a co-ordinate Bench of
this Court vide order dated 24.12.2025 passed in Cr. Misc.
No.89092 of 2025. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that the petitioner has clean
antecedent and also the fact that the State has failed to
implement its liquor policy in its true spirit, I am of the opinion
that petitioner has, prima facie, made out a case to be released
on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
Patna High Court CR. MISC. No.21266 of 2026(2) dt.16-04-2026
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before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Concerned Court where the case is
pending in connection with Magadh University P.S. Case No.
245 of 2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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